Сутність принципу пропорційності при обробці персональних даних особи / Essence of the Principle of Proportionality in the Processing of Person’s Personal Data
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 54, Issue
Abstract
The work carried out research of the basic principles ensuring the real realization of the human right to protection of personal data. The principle of proportionality is analyzed in detail. It should be applied at all stages of processing personal data and is a guarantee of observance of human rights while working with his personal information. For example, even with legitimate processing authority and the consent of the subject of personal data, such activity may be deemed illegal if the relevant purpose could be achieved without processing personal data, and if the entity's agreed procedure for collecting and processing personal data is inherently do not need to achieve the goal. In such circumstances, processing should be qualified as illegal, given its disproportionate nature. Therefore, there is a violation of the legal requirements for the protection of personal data. The work emphasizes the necessity of observing the principle of proportionality and when assessing the legitimacy of interference in a person's right to his personal data. In this context, the analysis of the provision of part 2 of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms since 1950, which states that interference with the right to inviolability and respect for private life is possible, provided it is based on law, pursues legitimate aims and is necessary to achieve this goal. Since certain factors of this norm are not sufficiently defined and allow for a broad understanding of them at the national level, the case law of the European Court of Human Rights has been explored, whose interpretation and enforcement in specific case-law are mandatory for Ukraine. Numerous judicial decisions of the ECHR in this sphere have been studied. It was established that the Court, applying the rule on the need for a legal justification for intervention, in the content of this principle includes requirements for the very legal acts. First, based on the principle of fairness and transparency of data processing, the relevant legal acts should be accessible and clear. Secondly, the requirements also concern the quality of the law. It must be concrete, definite, which enables the person to foresee the consequences for him. Also, the law as a legal basis for intervention through unauthorized processing of data must comply with the rule of law. The legal approaches of the European legislation and practice of the ECtHR concerning the real certainty of the concepts "legitimate aim" and "necessity in a democratic society" are also investigated, which are also decisive for assessing the legitimacy of the intervention. The paper points to the existing shortcomings and problems in the Ukrainian legal system, as evidenced, in particular, by the ECtHR judgments against Ukraine. Specific recommendations are given to improve the state of regulatory and law enforcement activities in the study area.
Authors and Affiliations
Petro Guyvan
Keywords
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